Re-Grounding Legal Equality, Public Safety, and Democratic Legitimacy*

“Law loses its moral authority when symbols are valued above human safety.”

Author: Balananthini Balasubramaniam (Small Drops)

Status: Independent Policy Analysis

Copyright © 2025 – All rights reserved

*Executive Summary*

This policy brief addresses a pressing governance challenge in liberal democracies: the erosion of public trust stemming from inconsistent application of law, particularly where identity-based exemptions intersect with public safety, policing, and accountability.

The core finding is unequivocal: laws that prioritise symbolic sensitivity over uniform enforcement undermine democratic legitimacy and public confidence. While freedom of belief must remain inviolable, public practices that affect identification, safety, or legal accountability require proportionate, clearly delineated regulation applied uniformly to all citizens.

This brief proposes a legally defensible, empirically informed, and policy-ready framework to restore clarity, consistency, and public trust in the rule of law.

*Problem Statement*

UK law is predicated upon equality before the law and the protection of public safety. Yet, in practice, enforcement is increasingly impeded when legal exemptions are applied inconsistently based on identity, belief, or cultural symbolism.

Consequences include:

Uneven stop-and-search practices

Operational hesitation in public-order policing

Perceptions of selective or biased enforcement

Erosion of public confidence in legal impartiality

The issue is not the existence of rights, but the absence of transparent boundaries where rights intersect with identification, public safety, and civic responsibility.

*Legal and Constitutional Context*

UK constitutional practice recognises that most rights are qualified, not absolute. Freedom of religion and expression may be lawfully limited where they conflict with:

Public safety and order

Prevention of crime

Protection of the rights and freedoms of others

These principles, embedded in common law and human rights jurisprudence, require operational clarity and enforceability to maintain legitimacy.

*Analytical Framework*

1. Distinguishing Belief from Public Practice

Freedom of belief is absolute and inviolable. Public practice, particularly when it impacts civic accountability or identification, must remain subject to proportionate regulation. This distinction is foundational to democratic governance and safeguards both individual rights and public interest.

2. Risks of Selective Enforcement

Selective application of law based on identity produces systemic risks:

Undermining public trust in institutions

Heightening social polarisation

Weakening operational effectiveness of law enforcement

Uniform, behaviour-based regulation mitigates these risks and ensures equitable treatment across society.

3. Historical and Sociopolitical Context

Many contemporary practices defended as immutable traditions are, in fact, modern developments emerging post-1970s, often linked to political movements. Effective law must address current social realities rather than perceived historical inevitability.

*Case Studies: Face Coverings and Public Safety*

1. Criminal Exploitation of Face Coverings

In the UK, criminals have occasionally used niqabs or burqas to conceal identity during robberies, complicating initial police identification before eventual capture.

In France, Rédoine Faïd donned a burqa to evade police surveillance, demonstrating how face concealment can be exploited in high-profile criminal activity.

Certain UK counter-terrorism cases involved suspects using full-face coverings to avoid identification while planning illegal actions.

2. Legislative Responses in the UK

Recent protest laws empower police to require removal of face coverings where public order is threatened. Non-compliance carries arrest, fines, or imprisonment.

These provisions distinguish legitimate religious observance from behaviour intended to evade accountability or intimidate others.

3. Local Authority Measures

In Darlington and other UK towns, councils have considered banning balaclavas and similar coverings in public spaces to curb anti-social behaviour, demonstrating the tangible impact of identity concealment on civic life.

4. International Context

Jordan experienced a wave of robberies involving individuals using full-face garments (khimar/niqab) to conceal identity, prompting police warnings and public debate, highlighting global relevance.

These examples illustrate the importance of clear, enforceable rules that protect both religious freedom and public safety.

*Policy Recommendations*

1. Context-Specific Identification Protocols

Implement uniform requirements in defined public-security contexts (e.g., protests, transport hubs, civic buildings), applicable to all, irrespective of religious or cultural identity.

2. Statutory Clarity for Law Enforcement

Provide unambiguous legislative guidance to minimise discretionary enforcement and protect officers acting lawfully.

3. Separation of Anti-Discrimination and Identification Law

Ensure equality legislation does not inadvertently obstruct necessary identification measures.

4. Regular Parliamentary Review of Exemptions

Mandate periodic reassessment of religious and cultural accommodations to identify unintended security or governance implications.

5. Public Communication Strategy

Clearly articulate that regulation of public practice is not hostility toward belief but a safeguard for civic accountability and shared security.

*Anticipated Objections and Responses*

Objection: Such measures stigmatise minorities.

Response: Uniform, behaviour-based regulation prevents selective targeting and reinforces fairness.

Objection: Religious freedom is compromised.

Response: Belief remains fully protected; only specific public behaviours are regulated proportionately to protect public safety and democratic integrity.

Conclusion

Democratic legitimacy depends on consistent, transparent, and equal application of the law. Protecting individual freedoms and ensuring public safety are mutually reinforcing goals, contingent upon clear governance frameworks. Re-grounding legal authority in accountability and uniform enforcement strengthens public trust, societal cohesion, and institutional resilience.

Author Contact: Balananthini Balasubramaniam (Small Drops)

Use: Parliamentary briefing, select committee reference, think-tank consultation

Copyright © 2025